Hello everyone i just want an advice. Im married to a taiwanese man i am a filipino woman with arc holder . My husband wants to have a divorce and take the child custody. But i didn’t agree. We’re currently in mediation season.
I would like to ask if what happen to my divorce if i returned to the Philippines and the battle of child custody here in Taiwan?
Take note:the child is a dual citizen with have both taiwan and passport.
@Marco could help recommend his lawyer.
All I’ll say is through bias, most courts give the Taiwanese spouse a “home field advantage” and will give some spiel about destabilizing the children if left with a foreign parent or one who wants to take them out of Taiwan to their native country. I’ve read accounts like this more than a few times. The sad truth is there’s some extra prejudice against Southeast Asians here for whatever reason, so I would not leave the country if your husband is barreling forward with divorce proceedings as he might paint you as absentee and decide your kids’ fate in your absence. And do NOT sign anything unless a lawyer looks over it because chances are he’s trying to screw you. Come up with mutually acceptable terms. Do not let the court decide for the reasons I mentioned earlier.
We agreed to have a joint custody but we don’t agree if whos gonna be the primary custody or the one whos living with the child
I’ve been living with my daughter for 3 years. 5 months without my husband. I didn’t ask for more just to be with my daughter. I have a work in a company. I can say i can pay all our living expenses including the needs of my daughter.
I’m afraid that the court will only granted me a visitation rights than the primary custody. I can’t accept that so i will thinking of going back to my country with my daughter who is a citizen there too
Your husband would allow you to take your daughter back without him? If so, sure. But I know if I was in his shoes I would fight that.
Anyway, I have nothing else to add. Others will tell you more, I’m sure. I realize forum etiquette is probably not a priority for you right now, but try to put all your points in one reply. Anyway, good luck.
I’m curious how this will turn out but it seems you should get a lawyer to properly articulate your case, as you have English grammar issues and I don’t know if your Chinese is at sufficient proficiency to properly communicate your case to the court.
I’m not a lawyer but it seems if you exit the country with your child, it could be seen unfavorably by the courts (or perhaps you can say the child is visiting family temporarily), and if you do not attend court in person you could get a default judgement which could lead to contempt of court issues if you don’t comply (family court has a lot of power in some countries and can chase you to other countries). In the US, contempt of court can lead to extradition if the country has an extradition treaty.
But you should consult with a lawyer and ask about the consequences since I don’t know much about TW law, I’m just going by family law in other countries like US/Canada.
If she goes to the Philippines with the child in the middle of divorce proceedings she should just stay there. Doing that and coming back would make things even worse for her. Don’t think they can extradite her if her daughter is also a Filipino citizen and she hasn’t signed or agreed to anything in the Taiwanese courts. Just make judgments in absentia maybe.
Well that would just be completely burning the bridge and possibly will lead to contempt of court and criminal charges (I’m looking it per US/Canada family court laws)
Personally I’d say the kid was on a temporary visit to parents who miss him/her and father is granted unlimited visits to the kid during divorce proceedings, show up and fight the case in TW courts the best you can to demonstrate you are not in contempt of court, maybe they will come up with a reasonable judgement that’s fair for both parents.
But should check with lawyer in both TW and Phillipines to figure out the consequences and right actions to take
No such thing here. Also no court ruling has been granted. Please stop speculating based on US laws which are totally irrelevant. If a child has left Taiwan on an ROC passport and has returned the child is free to leave on the foreign passport at other times.
Philippines is not going to remove a Philippines citizen child to Taiwan over a divorce.
A Taiwan citizen parent with HHR can apply for a childs passport and does not need the signature of the foreign parent.
So does this mean i can take my child in the Philippines while were battling the custody of the child here in Taiwan? We are in a second session of mediation in the family court this june and the social welfares told me that if we still didn’t agree about the custody then the court judges will take our case and the court will decide about the custody.
The child is a dual citizen. A Filipino-taiwanese child with holding a two passport. Both registered the birth in taiwan and in Philippines.
Yes. There is nothing stopping either parent from traveling without a court order. The only time a child would not be allowed to exit is with an order from a court.
So you’re saying a foreigner who absconds with a child and gets a default court ruling, goes in contempt of court and does not bring the child back, does not face any consequences in TW? Thanks for your legal advice…
I think if one parent takes a child out of their country of current residence without the permission of the other parent it could be interpreted as parental abduction and a potentially criminal act depending on the details.
It is not. Please stop giving wrong advice. Unless there is a court order the child is free to travel internationally.
Taiwan laws do not apply in other countries. If a parent leaves Taiwan with a child before any court proceedings and judgements there is no law being broken. Divorces are civil disputes.
Also one should not prejudge how a court will rule. Often in Taiwan now a divorced couple will have joint custody and not sole custody or full custody. The parent can legally take the child and get a court ruling in their own country as well. There could be conflicting rulings with each country issuing different decisions.
As there is no court ruling in Taiwan the parent is free to travel with the child. Whether or not the parent does is up to them.